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Terms and Conditions – Fleming Verandas UK Limited

1. General

1.1 – All orders are accepted subject to the following conditions which shall form part of and govern the contract of sale. Any variation of those conditions in any document of the buyer is inapplicable unless accepted in writing by Fleming Verandas.

1.2 – In these conditions Fleming Verandas means Fleming Verandas of the Creative Industry Centre, Mammoth Drive, Wolverhampton Science Park, WV10 9TG, telephone 01902 212 331, email: [email protected]

1.3 – These terms and conditions apply in preference and supersede any terms and conditions referred to or offered by Fleming Verandas whether in negotiation or at any stage in the dealings between the parties with reference to the goods to which this contract relates. Without prejudice to the generality of the foregoing, Fleming Verandas will not be bound by any standard or printed terms furnished by the buyer in any of its documents, unless the buyer specifically states in writing separately from such terms that it intends such terms to apply, and Fleming Verandas acknowledges such notification in writing.

1.4 – No variation may be made to the contract of sale, except by agreement in writing between the parties and signed on their behalf.

2. Quotations

2.1 – The placing of an order following Fleming Verandas providing a quotation shall not be binding on Fleming Verandas until it is accepted by Fleming Verandas and the buyer. An order accepted by Fleming Verandas may only be cancelled or amended with Fleming Verandas’ consent. The giving of Fleming Verandas’ consent shall not, in any way, prejudice Fleming Verandas’ rights to recover from the buyer full compensation for any loss or expense arising from the cancellation or amendment.

2.2 – Additions or alterations to orders, however they are made, shall not be binding on Fleming Verandas until they have been confirmed by Fleming Verandas in writing to: Fleming Verandas, Creative Industry Centre, Wolverhampton Science Park, WV10 9TG, telephone 01902 212 331, email: [email protected]

2.3 – Costs confirmed within the quotation are subject to change during installation, depending on whether additional materials or works are required. These costs are to be explained and passed to the buyer as part of their final invoice.

3. Prices

3.1 – The prices quoted are inclusive of United Kingdom Value Added Tax, unless otherwise specifically stated in the contract, quotation, and/or invoice. Any variation to prices resulting from taxes or levies shall be for the buyer’s account.

4. Supply-Only Delivery

4.1 – For Supply Only purchases where goods are ordered by the buyer for delivery at their request:

(i) If no period is stated for delivery and such period is not extended by agreement in writing, the buyer shall take delivery within that period;

(ii) If no period is stated for delivery, the buyer shall take delivery of goods as soon as they are ready;

(iii) If the buyer does not take delivery within the nominated period, the buyer will reimburse Fleming Verandas’ storage and insurance costs. An invoice will be issued for the full amount of the goods on the last date on which delivery is due and shall be payable.

4.2 – In any other case:

(i) Any time stated in respect of delivery is given in good faith, but is an estimation only, and is not binding on Fleming Verandas.

(ii) Time for delivery, whether expressly stated or not, shall not be, or be deemed to be of the essence of the contract of sale.

4.3 – Fleming Verandas will deliver the goods as near as possible to the delivery address, as far as hard road permits. The buyer shall provide at their own expense the labour for unloading and stacking with utmost dispatch. Damage caused to the goods due to inadequate site access or careless unloading shall be at the buyer’s expense.

4.4 – Fleming Verandas shall not be liable for any loss or damage, whether direct or indirect, consequential or in whatsoever any way arising which is, or might be, occasioned to the buyer, or to any purchaser from them or customer of theirs, arising out of or in any way due to any delay or default in the delivery of any goods under the contract, however caused.

5. Returns

5.1 – Unless in accordance with Clause 11, the buyer may not return the following goods:

(i)  any bespoke products made to the buyer’s specification.

(ii) Any products damaged by the buyer.

5.2 – Once the initial deposit payment has been received by the company, no refund shall be given if the buyer does not wish to proceed with the product or installation, and this situation will be considered in accordance with Clause 20.

6. Consumer Sales Delivery

6.1 – Unless otherwise stated in the contract, and subject to the following provisions of this clause:

(i) Goods will be consigned by the method of transport chosen by Fleming Verandas to the address specified by the buyer, henceforth referred to as “the delivery address”.

(ii) Products may be delivered to the installation address prior to the agreed installation date (which can be subject to change due to unforeseen circumstance) at which point liability is with the buyer to store materials safely and securely in their original packaging.

6.2 – Delivery of goods may take place in absence of the buyer and, as such, the buyer is responsible for ensuring the goods are stored safely or ensuring a third party over the age of 18 years old, is there to accept, check and sign for the delivery.

6.3 – Any damage sustained by the goods while they are in the care of the buyer will be a void of the warranty.

6.4 – Fleming Verandas shall be entitled to make partial deliveries of the goods unless it is otherwise agreed in writing.

6.5 – In the case of partial deliveries of goods, the buyer will not be entitled to treat the delivery of faulty goods in any one instalment, or the late delivery of any one instalment, as a repudiation of the whole contract.

7. Transfer of Risk

7.1 – The goods shall be at the risk of the buyer as soon as they are delivered to the delivery address, unless otherwise agreed, and Fleming Verandas shall be under no obligation to give the buyer the notice specified in Section 32(3) of the Sale of Goods Act 1979.

8. Acceptance of Goods

8.1 – The buyer will be deemed to have accepted the goods once the goods have been unloaded and delivered to the delivery address.

8.2 – Fleming Verandas shall have no liability for goods delivered in a damaged condition, or lost in transit, or for any shortages in deliver unless:

(i)  In the case of damage or shortage of delivery, short details are endorsed on the carrier’s delivery note or receipt, and notice in writing giving full particulars of the damage or shortage is received by Fleming Verandas within 48 hours of receipt of the goods at the delivery address, and;

(ii) In the case of goods lost in transit, notice in writing of the non-delivery is received by Fleming Verandas and by the carrier within seven days after the date of the delivery notice or invoice (as the case may be) is used by Fleming Verandas.

8.3 – Subject to the buyer complying with Clauses 8.1 or 8.2 above (as the case may be) and subject to Clause 9 below, Fleming Verandas and/or their direct supplier(s) shall replace or make good any goods delivered in a damaged condition or lost on transit (or, in lieu thereof, at the option of a credit note, if applicable), but Fleming Verandas shall have no liability whatsoever, for consequential loss in respect of the goods rejected by the buyer or unattended deliveries where our delivery partners are not able to offset the product.

9. Specification

9.1 – Unless otherwise specifically stated in the contract all specifications and particulars of weights and dimensions stated in the contract and in the supplier(s) sales literature are approximations only.

9.2 – Whilst every effort is made for these figures to be accurate, it must be understood that the specification of goods manufactured and supplied by Fleming Verandas is subject to normal trade tolerances.

9.3 – Fleming Verandas reserves the right to change the specification of any goods quoted in their sales literature at any time without notice.

9.4 – Whilst Fleming Verandas takes every precaution in the preparation of their literature, these documents are for the buyer’s general guidance only, and the particulars contained therein shall not constitute representations by Fleming Verandas and Fleming Verandas shall not be bound by them.

9.5 – In the event of a shortage of a particular component, Fleming Verandas reserves the right to source alternative materials to a similar standard from an alternative supplier.

10. Design

10.1 – It is the buyer’s responsibility to ensure that all necessary approvals have been granted to the company before manufacture commences, accepted both verbally and in writing.

10.2 – It is the buyer’s responsibility to ensure that all specifications, measurements, fittings and sizing’s are correct and that the goods are suitable and fit for purpose prior to commencement of manufacturing, delivery and installation. No responsibility will be accepted by the company once an order has been accepted and later deemed unfit for purpose or the project unable to be delivered.

10.3 – Certain products are subject to CAD drawings which must be approved by the buyer prior to the commencement of manufacturing. The CAD will enlist the final drawing(s), specifications and details of the product(s) and the buyer’s acceptance either verbally, digitally, or otherwise, will be the ultimate sign off. Any specifics or additional requirements not noted on the approved CAD, but later mentioned by the client will not be liable by Fleming Verandas and as such the buyer assumes all risk and liability.

10.4 – It is deemed the buyer’s responsibility to ensure that the relevant area is safe and structurally fit for the product and/or installation and that all weight bearing, and load testing has been conducted prior to any works are commenced.

10.5 – All of our products are manufactured to the highest industry and safety standards and, as such, general care and common sense should be applied when using, cleaning, or enjoying your installation. Things including, but not limited to, using excessive force, dangerous or non-recommended cleaning chemicals or taking care moving within the space.

11. Quality

11.1 – Fleming Verandas warrants that, on delivery, the goods shall:

(i) conform in all material respects with the specification, and;

(ii) be free from material defects in design, material, and workmanship.

11.2 – Fleming Verandas warrants its products in accordance with the warranties shown on its website and is product-specific. Guarantees and warranties are on the frame, fittings, glass, fabric, excluding any damage caused by external forces.

11.3 – Fleming Verandas accepts no liability for any defect caused as a result of:

(i) the buyer failing to follow Fleming Verandas’ oral and written instructions as to the storage, commissioning, installation, use and/or maintenance of the goods, or;

(ii) fair wear and tear, weathering, wilful damage, negligence, or abnormal storage or working conditions.

12. Payment

12.1 – The following payment terms shall apply depending on the nature of the order:

(i) bespoke orders incur a non-refundable deposit of 50% of the total order value, payable on the date of the order.

(ii) supply-only products require full payment at the time of ordering.

12.2 – For credit accounts, except where otherwise specifically agreed, payment must be made to Fleming Verandas’ address stated on their invoice not later than the last day of the month following the date of their invoice.

12.3 – Where partial delivery is made, the buyer shall be obliged to pay for each instalment separately, if Fleming Verandas so requires, by invoicing them.

12.4 – If payment is not made on the due date, Fleming Verandas shall be entitled to:

(i) charge interest on the outstanding amount based on the current legal and standardised industry/base rate interest charges, accruing daily;

(ii) require payment in advance of delivery of undelivered goods;

(iii) make delivery of any undelivered goods whether ordered under the contract or not and without incurring any liability whatsoever to the buyer for non-delivery or any delay in delivery;

(iv) terminate the contract; and/or,

(v) enforce the terms of Clauses 12.2 and 12.3.

12.5 – Unless otherwise agreed, the buyer shall not be entitled to exercise any right of set-off or counterclaim against monies owed to Fleming Verandas for goods invoiced and delivered.

12.6 – Final payment of any due balances is required to be paid within a maximum of 5 working days post installation/completion or delivery.

12.7 – Where an installation has been deemed unsafe, unworkable or simply not plausible and where the buyer has accepted the order with Fleming Verandas and of which the company are no longer able to deliver the project, it is expected that any owed balance are due to be paid within a maximum of 5 working days from the information being passed to the buyer.

13. Ownership of Goods

13.1 – Subject to the following clauses, the goods shall remain the exclusive property of Fleming Verandas under this contract and all other contracts between Fleming Verandas and the buyer.

13.2 – The buyer shall be entitled to sell the goods in the ordinary course of business, provided that the proceeds of the sale shall be held in trust for Fleming Verandas by the buyer until payment of all sums due to Fleming Verandas by the buyer under this contract and all other contracts between Fleming Verandas and the buyer.

13.3 – Should the buyer default in any payment when due, Fleming Verandas will be entitled to repossess all the goods held by the buyer, which are still Fleming Verandas’ property (without prejudice to any other right or remedy arising from such a default in payment) and for this purpose, Fleming Verandas will be entitled to enter upon any land or buildings on or in which the goods may be situated and to remove the same. All costs incurred by Fleming Verandas in repossessing the goods shall be borne by the buyer.

13.4 – Any goods so repossessed shall be sold and the proceeds of sale set off against the amounts due to Fleming Verandas by the buyer. Any balance remaining of the proceeds of sale shall be paid to the buyer. If the said proceeds of the sale are not sufficient, the buyer shall remain liable to pay to Fleming Verandas the amount remaining due, together with any interest accruing thereon.

14. Intellectual Property

14.1 – The buyer shall indemnify Fleming Verandas against all damages, penalties, costs, and expenses to which Fleming Verandas may be liable as a result of work done in accordance with the buyer’s specification, which involves the infringement of any letters patent, or registered design.

15. Aftercare

15.1 – Fleming Verandas provides a general aftercare guide post-installation on all of its products. This outlines general aftercare advice, and recommendations set forth by our suppliers, along with generic care instructions. These are not in any way contractually binding, nor will Fleming Verandas accept any liability should these guidelines be or not be followed. Common sense and general safety rulings should be followed in any instance and any concerns or queries should be raised to Fleming Verandas.

16. Notices

16.1 – Notices required to be given to Fleming Verandas must be sent to Fleming Verandas’ address by first class post. Notices required to be given to the buyer will be sent by First Class post to the address specified by the buyer for consignment of the goods unless a different address is specified for this purpose by the buyer. Notices shall be deemed to have been delivered on the next business day after the day of posting. In proving service by first class post, it shall only be necessary to prove that the notice was contained in an envelope which was duly addressed and posted in accordance with this clause.

16.2 – Notices of cancellation must follow our cancellation policy detailed within Section 20 – Right to Cancel. As standard, we do not accept cancellations or provide refunds unless cancelled within a 24-hour timescale of your order being placed.

16.3 – Noticed via digital communications are not preferred, and instead written and/or verbal notices via telephone calls are the preferred method of communication. Emails are to be sent to [email protected] and telephone calls should be made to 01902 212 331.

17. Limitation of Liability

17.1 – Nothing in these terms and conditions shall limit or exclude Fleming Verandas’ liability for:

(i) death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable);

(ii) fraud or fraudulent misrepresentation;

(iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979, or;

(iv) defective products under the Consumer Protection Act 1997.

17.2 – Subject to Clause 17.1:

(i) Fleming Verandas shall under no circumstances be liable to the buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profit, or any indirect and consequential loss arising from or in connection with the contract, and;

(ii) Fleming Verandas accepts no liability to the buyer in respect of all other losses arising from or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

18. Force Majeure

18.1 – No liability will be accepted for any failure of, or delay in, performance which is due wholly or partially to restriction by Government or other competent authorities., nor any strikes, lockouts, failures by suppliers to supply raw materials or to any cause whatsoever that is beyond the control of Fleming Verandas.

18.2 – Any waiver by Fleming Verandas of its rights hereunder in respect to breaches by the buyer shall not affect the rights of Fleming Verandas in the event of a subsequent breach by the buyer.

19. Law

19.1 – These conditions, and the contract, shall be subject to and consulted in accordance with English Law, and the buyer is deemed to submit to the exclusive jurisdiction of the High Court of Justice in England.

20. Right to Cancel

20.1 – If you wish to cancel your order, you must let us know as soon as possible, and within 24 hours. Deposits for bespoke orders are non-refundable. You must provide notice to us, either in writing or email to: Fleming Verandas, Creative Industry Centre, Wolverhampton Science Park, WV10 9TG, email: [email protected]

20.2 – An order accepted by Fleming Verandas may only be cancelled or varied with Fleming Verandas’ consent.

20.3 – If Fleming Verandas accepts a cancellation or change, they still maintain the right to pursue any loss or expense arising from such cancellation or variation.

21. Warranty

21.1 – Warranties on all new Fleming Verandas installations are product-specific, and details can be provided upon request. Our warranty is provided on the frame and structure and internal mechanical workings, and are not inclusive of any groundworks, glass damages, water breaches, wall fixings or mounting damages and/or any defects/damages identified post-installation.

21.2 – No warranty or guarantee is given on any repair work carried out by Fleming Verandas if the product was not originally purchased and installed by the company.

21.3 – Any damage caused to the installation by adverse weather conditions, including but not limited to rain, wind, lightning, extreme heat, cold, snow, is not covered by guarantee or warranty and repair Is at the buyer’s cost.

21.4 – All our products come with a flat rate warranty at a minimum of 5 years on the internal workings and frameworks of our system(s) and any relevant, related mechanical workings, both internally and externally. Details regarding a product’s warranty will be provided to the buyer upon request.

21.5 – Installations, as standard, come with a 6-month post-snagging warranty and any issues or concerns identified past this time will need to be resolved by the buyer at their own expense.

21.6 – Warranties exclude any damages caused to the product/installation by external forces, including but not limited to falling tiles, tree branches, intentional damage, demolition or renovation works, or Acts of God, such as excessive wind, excessive rainfall/snowfall, or debris fall-through will also not be covered under this warranty.

21.7 – Electrical works relating to installation and/or connection, bear no guarantee from the company and as such is passed from the appointed subcontractor of Fleming Verandas and their own policies and insurances.

21.8 – Any tampering, external works or changes and additions completed by third party companies or contractors will automatically void this warranty.

22. Health and Safety

22.1 – Every effort will be made by Fleming Verandas and their contractors to ensure the installation work area is free from as many risks as possible, however due to the nature of the products and the installations, power tools, electrical, cutting and drilling equipment will be used. It is the buyer’s responsibility to remain clear of the installation area at all times to avoid risk of injury.

22.2 – Should the installation team be required to vacate the site, the buyer should not enter the working area. If they do so, it is against the advice of Fleming Verandas, and at their own risk.

22.3 – Fleming Verandas accepts no responsibility for injury caused to the buyer, or any other persons who ignore these instructions, or any instructions given by the installation team.

22.4 – Additionally, delivery of the item will occur prior to the installation date and at times, it can be waiting on site for an extended period. The item and any accompanying pats are not the responsibility of Fleming Verandas and should the area where they are stored should remain clear in order to avoid accidents and/or injuries.

23. Installation

23.1 – Installation dates, once given, can be changed at any time up until the agreed date due to unforeseen circumstances (including but not limited to weather, medical, traffic, and transportation). Fleming Verandas reserves the right to cancel and rearrange the buyer’s installation date without any given notice, and any costs incurred for things such as loss of earnings will not be covered by Fleming Verandas.

23.2 – Fleming Verandas sources third party contractors and installation teams who are all vetted and have the appropriate insurances and experiences relevant. This said, Fleming Verandas has no direct ownership or influence over their workloads, professionalism and/or dealing on site, and as such accepts no liability for failures in attendance, timings, consumer communication and other potential issues arising on site or pre-installation.

23.3 – The buyer is expected to ensure that the relevant installation area and any direct/indirect access is clear and safe for the installation to be completed. This includes, but is not limited to, any live or redundant electrical connections, fittings or wiring exposed or buried within the area, gas or water piping again exposed or buried within the area, furniture, drainage, greenery, wall or floor fittings or any other relevant obstructions within the installation zone. Any damages and/or issues claimed from the buyer both during or post installation shall be deemed nil and void if not formally documented in writing and duly accepted by the company and where any/all necessary precautions have not been taken ahead of the installation.

23.4 – Any structural details, site plans or information relating to the installation area not passed to the company prior to installation of which may affect or make the installation unworkable, are held at the liability of the buyer and as such, any additional scope of works, materials, labour costs and bespoke fabrications will be made chargeable to the buyer.

23.5 – Fleming Verandas accepts no responsibility to damages caused to external or internal brick, render, cladding or fascia fittings that are required to be worked on or fitted to as part of the installation process. It is deemed the buyer’s responsibility to ensure that the relevant area is safe and that all weight bearing, and load testing has been conducted prior to any works are commenced.

24. Complaint Procedure

24.1 – Should you have a reason to raise a complaint or dispute to Fleming Verandas either during or post-installation, please escalate your concerns in writing to: Fleming Verandas, Creative Industry Centre, Wolverhampton Science Park, by calling 01902 212 331, or through email to [email protected]

24.2 – Upon confirmed physical or digital receipt of your correspondence, Fleming Verandas will provide you with an acknowledgement email and subsequent telephone call.

24.3 – We aim to resolve all complaints within a 28-day period from the date of receipt but may not always have the ability to do so within this time frame. As such, our aftersales team or your account manager will notify you of the next steps along with estimate timescales and what we plan to do to resolve your complaint.

24.4 – Acceptance of any complaint including but not limited to remedial works, monetary incentives, goodwill gestures or referrals, are accepted from the buyer as a final resolution of your complaint with Fleming Verandas.

24.5 – Any physical or verbal defamatory comments, social or internet-based negative reviews will in turn void this agreement and Fleming Verandas holds the right to cease such arrangements(s) and actions and seek legal action should this be required.

Disclaimer – By receiving these terms and conditions, viewing them digitally online, acceptance of the quotation and/or invoice, I (the buyer) hereby confirm that I have read and agree to be bound by all the terms and conditions stated within. I (the buyer) agree that the company (Fleming Verandas) has provided adequate notice of all delivery dates, payment schedules and that they have abided by all conditions pertaining to them within this agreement.